Rule 38.4 Right to apply to have notice of discontinuance set asideI1
England and Wales
(1)
Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL).
(2)
The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on F1them.
Annotations
Textual amendments
- F1
Word in rule 38.4(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 21(4)